Terms of Use
PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) IN FULL. THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU (“YOU” OR “USER”) AND HANITA LENSES LTD. (“HANITA”) AND GOVERNS ALL ASPECTS OF USER’S ACCESS TO AND USE OF HANITA’S CALCULATUR AND ANY OTHER APPLICATIONS RELATED THEREOF (THE “APPLICATION”). BY CLICKING “ACCEPT” AT THE BOTTOM OF THIS AGREEMENT, YOU AGREE TO ALL TERMS AND CONDITIONS SET FORTH BELOW.
- General
The Application is provided to physicians for educational and convenience purposes only, in conjunction with the labeling for Hanita’s products. Hanita does not engage in the practice of medicine, and this Application is not a substitute for appropriate medical education and training or for the exercise of independent medical judgment. Hanita cannot warrant the accuracy or completeness of information provided by the Application. Each medical situation should be considered unique to each patient, and all treatments individualized accordingly. Hanita does not endorse or recommend any particular technique beyond what is contained in the product labeling, and other techniques may be appropriate in a physician’s medical judgment.
Any medical procedure has associated complications and risks, and the practice of medicine and standard of care may change over time. Hanita cannot warrant that the information generated by the Application will be error-free, and is not responsible for any deletion or inaccuracy. Hanita expressly disclaims all liability to any person in respect of all matters and all actions taken or not taken based on any information contained herein. Physicians are advised to consult the product labeling, and any appropriate research literature before implementing any new treatments or techniques.
- License and restrictions on use.
You are hereby granted with a revocable, nontransferable and non sublicenseable license to access the Application and to use it for the limited purpose of performing calculations to help determine the recommended Hanita toric intraocular lens and its suggested axis placement. You may not reproduce or modify the Application without the written consent of Hanita. You agree to use your best efforts to prevent unauthorized use, distribution or publication of the Application.
It is hereby clarified that you do not acquire any ownership right, title or interest in the Application or the content it generates, or in any applicable patents, trademarks, copyrights, trade secrets and other intellectual property rights which may be embodied or contained therein.
- Proprietary Rights and Licenses.
Hanita retains all right, title and interest in and to the Application and any derivatives thereof, including any Intellectual Property Rights contained and/or made available therein or in connection thereto (collectively, the “IP“). As used herein, “Intellectual Property Rights” means inventions and patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, Application marks, trade names, trade dress, logos, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All use of the IP shall inure to the benefit of Hanita and its licensors, and you shall not reverse engineer, copy, decompile, or disassemble the Application.
Any rights to the Application not expressly granted herein are reserved.
- Disclaimer.
THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HANITA DOES NOT GUARANTEE THAT THE APPLICATION OR ANY CONTENT PROVIDED VIA THE APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APPLICATION AND/OR CONTENT WILL PROVIDE SPECIFIC RESULTS OR BE SECURE. ALL INFORMATION PROVIDED ON THE APPLICATION AND CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HANITA DISCLAIMS ALL WARRANTIES, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY OR COMPATIBILITY. HANITA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APPLICATION AND/OR THE CONTENT GENERATED BY THE APPLICATION. YOU ASSUME THE TOTAL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION. YOUR SOLE REMEDY AGAINST HANITA FOR ANY REASON WHATSOEVER WITH RESPECT TO THE APPLICATION AND/OR CONTENT IS TO STOP USING THE APPLICATION OR ANY SUCH CONTENT.
The above disclaimer applies to any and all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
- Limitation of Liability.
EXCEPT WHERE PROHIBITED BY LAW, HANITA WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR DAMAGES AND ANY LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF SAVINGS, LOSS OF GOODWILL, LOSS OF USE OR LOSS OR CORRUPTION OF DATA, WHETHER UNDER TORT, CONTRACT OR OTHER THEORIES OF RECOVERY, EVEN IF WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT WILL HANITA’S LIABILITY ARISING OUT OF THE USE OR THE INABILITY TO USE THE APPLICATION, OR ANY OTHER MATTER RELATING TO THE APPLICATION. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, HANITA IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF APPLICATION, HANITA’S LIABILITY SHALL IN NO EVENT EXCEED US$500.00. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- Indemnification.
You agree to defend, indemnify and hold harmless Hanita, and its respective officers, directors, employees and agents, licensors, licensees, distributors, agents, representatives and other authorized users, and each of Hanita’s respective affiliates, distributors and suppliers (collectively, the “Indemnified Parties“) from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) incurred by the Indemnified Parties in connection with or arising from: (i) your use of the Application and/or the content thereof; (ii) your violation of these Terms of Use and/or any additional terms; or (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- Termination.
We may limit, suspend or terminate your account and/or your ability to access the Application or any content provided on or through the Application, in our sole discretion, immediately and/or limit, suspend or terminate any future access, with or without cause for your failure to fully comply with these Terms of Use and/or any applicable additional terms. You agree that we shall not be liable to you or any third-party for any limitation, suspension or termination of your access to or use of the Application or any such content. You also agree that any violation by you of these Terms of Use will cause irreparable harm to Hanita, for which monetary damages would be inadequate, and you consent to Hanita’s seeking any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
- General.
You agree that any action at law or in equity arising out of or relating to these Terms of Use, and the relationship between you and us shall be governed by and construed in accordance with the substantive laws of the State of Israel without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms of Use, together with any additional terms applicable to your use of the Application shall constitute the entire agreement between You and Hanita in connection with or in relation to the Application. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. All provisions of these Terms of Use relating to Hanita’s proprietary rights, disclaimers, and limits of liability or duty, confidentiality, nondisclosure, shall survive expiration or the termination of these Term of Use for any reason.
- Reporting.
If you believe that your legal rights have been violated while using our Application please contact us at: